Forwarded message:
Date: Sat, 3 Aug 1996 01:03:43 -0400 (EDT) From: Alan Horowitz <alanh@infi.net> Subject: Re: A Libertine Question (fwd)
Corporations are state-created persons [legal definition of "person", not colloquial vernacular]. They have some privileges which have surface resmblence to the rights of natural people. For example, they can "have standing" in a court to initiate a legal proceeding - in their own name, not that of an agent or employee or trustee.
Exactly, 'surface resemblance'. The Constitution at no point mentions businesses in respect to the rights of the individual which is where all discussions must start from in this government. For example, some folks have claimed that corporations have rights that prevent warantless searches and such. I have to strongly disagree. I see no rational way to extend this to a corporation. If the police must use a warrant to search a business located other than in a persons home or on their property it is because the people who are present on that premisis have rights and those rights would be infringed by such searches. I am not even shure I accept the legal premise of corporations. The amendment say: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Jim Choate